Legal Opinion
Bryant v. Ellenburg
Court of Appeals of Georgia
Decided September 6, 1962No. 39639PublishedCited by 8 opinions
1Opinion of the Court
Eberhardt, Judge.
1. Defendants in error have made a motion to dismiss the bill of exceptions on the grounds that a motion for new trial is a necessary prerequisite for testing the exclusion of evidence outlined above and that a direct bill of exceptions does not lie in this' case. Under Code § 6-804, the direct bill of exceptions route may be. taken only where the final judgment “necessarily has been controlled” by the prior rulings. As the Supreme Court has said, “The real question in such a case is whether a complaining party would have succeeded in his contention if the law had been as he…
2Cases cited22 opinions
- Oglethorpe Savings & Trust Co. v. MorganSupreme Court of Georgia · 1920
- Williams v. SmithSupreme Court of Georgia · 1907
- Marshall v. PierceSupreme Court of Georgia · 1911
- Gignilliat v. West Lumber Co.Court of Appeals of Georgia · 1949
- Bennett Lumber Co. v. MartinSupreme Court of Georgia · 1909
17 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ingalls Iron Works Co. v. Standard Accident InsuranceCourt of Appeals of Georgia · 1963
- Jackson's Mill & Lumber Co. v. HollidayCourt of Appeals of Georgia · 1963
- Gellis v. B. L. I. Construction Co.Court of Appeals of Georgia · 1978
- Palmer v. Forrest, Mackey & Associates Inc.Supreme Court of Georgia · 1983
- Downtowner of Atlanta, Inc. v. Dunham-Bush, Inc.Court of Appeals of Georgia · 1969
3 more not listed; retrieve them via the Exa API.